Trevor Howse Associates P/L v Dessmann and Anor Quadrant Research Services P/L v Dessman and Anor

The proceedings involved two appeals heard together, concerning the apportionment of damages arising from building works. The primary dispute centred on the extent of a duty of care owed by a supervising architect, Trevor R Howse & Associates Pty Ltd, and a building consultant, Quadrant Research Services Pty Ltd, to the owners of a property, Nadia Carol Dessmann and another. The appeals were heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the duty of care owed by the supervising architect and the building consultant had been discharged, and if not, how damages should be apportioned between them and the builder, Bianco Constructions Pty Limited. Specifically, the court had to determine when a duty of care to supervise building works is considered fulfilled and the consequences of any breach of that duty.

The Court of Appeal allowed the appeal by Trevor R Howse & Associates Pty Ltd, setting aside the previous orders made against it. Conversely, the appeal by Quadrant Research Services Pty Ltd was dismissed. The court also set aside orders made against Bianco Constructions Pty Limited and granted leave to appeal from an earlier judgment concerning costs, which was also set aside and replaced with an order for the plaintiff to pay costs thrown away due to an adjournment. Quadrant Research Services Pty Ltd was ordered to pay the costs of Trevor R Howse & Associates Pty Ltd in its appeal and the costs of the plaintiff.